NIMMO, CA, ADMINISTRATOR OF DAWSON INTERNATIONAL PUBLIC LIMITED COMPANY [2018] ScotCS CSOH_52 (30 May 2018)

NIMMO, CA, ADMINISTRATOR OF DAWSON INTERNATIONAL PUBLIC LIMITED COMPANY [2018] ScotCS CSOH_52 (30 May 2018)

The directions sought by the administrator, insofar as they require the Scottish court to determine whether the company or administrator is an 'appropriate person' under English environmental law or to rule on substantive environmental liabilities, are not competent subjects for directions under paragraph 63 of Schedule B1 to the Insolvency Act 1986. The court's function is not to adjudicate on uncrystallised or contingent claims where the statutory process for liability has not been completed and no claim has been lodged. The Scottish court will not grant directions that would pre-empt the outcome of English statutory procedures or confer immunity on the administrator for future...

Citation
[2018] ScotCS CSOH_52
Parties
Noter: Blair Carnegie Nimmo, CA, administrator of Dawson International Public Limited Company; First Respondent: Environment Agency; Second Respondent: Tweedside Independent Traders Ltd; Third Respondent: Pension Protection Fund
Jurisdiction
Scotland
Judgment Date
30 May 2018
Procedural Posture
Application for Directions in Administration (insolvency) / Debate on Competency and Relevancy of Directions Sought
Outcome
Prayer of the Note refused; directions sought not granted.
Legal Topics
Administrator's Powers and Duties, Contaminated Land Liability, Jurisdiction of Scottish Courts, Provable Debts and Administration Expenses, Standing of Potential Creditors
Insolvency Environmental Law Civil Procedure Administrator's Powers and Duties Contaminated Land Liability Jurisdiction of Scottish Courts Provable Debts and Administration Expenses Standing of Potential Creditors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Blair Carnegie Nimmo, CA, administrator of Dawson International Public Limited Company

Noter

Environment Agency

First Respondent

Tweedside Independent Traders Ltd

Second Respondent

Pension Protection Fund

Third Respondent

Procedural Posture

Application for Directions in Administration (insolvency) / Debate on Competency and Relevancy of Directions Sought

Legal Issues

  1. 1 Whether the directions sought by the administrator are competent under paragraph 63 of Schedule B1 to the Insolvency Act 1986
  2. 2 Whether the Scottish court has jurisdiction to determine issues of English environmental law liability
  3. 3 Whether the Environment Agency has or could have a claim as a creditor in the administration

Ratio Decidendi

The directions sought by the administrator, insofar as they require the Scottish court to determine whether the company or administrator is an 'appropriate person' under English environmental law or to rule on substantive environmental liabilities, are not competent subjects for directions under paragraph 63 of Schedule B1 to the Insolvency Act 1986. The court's function is not to adjudicate on uncrystallised or contingent claims where the statutory process for liability has not been completed and no claim has been lodged. The Scottish court will not grant directions that would pre-empt the outcome of English statutory procedures or confer immunity on the administrator for future...

Court Disposition

Prayer of the Note refused; directions sought not granted.

Orders

  • The directions sought by the administrator are refused as incompetent or premature.
  • No order as to the substantive environmental liability or status of the Environment Agency as creditor.